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01-28-1991 - Regular Meeting - MinutesM I N U T E S REGULAR MEETING • WEST COVINA CITY COUNCIL-, January 28, 1991 0 The regular City Council meeting of the City'Council of the City of West Covina was called to order at 7:35 pm by Mayor Pro Tem McFadden.in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Councilmember Herfert and the invocation was given by Rev. Keith Hubbell of First Baptist Church. ROLL CALL Mayor Pro Tem McFadden, Councilmembers Herfert, Jennings Manners (Mayor Tarozzi arrived at 9:20 pm) Others Present: Thomas, Hanna, Wylie, Bonaparte, Brown, Miller, Koniarsky, Wolff, Hoppe, Manheim, McClelland, Holmes, Berry APPROVAL OF MINUTES Motion by Manners, seconded by Herfert, and unanimously carried to approve the minutes of the regular meeting held January 14, 1991. PRESENTATIONS Mayor Pro Tem McFadden presented resolutions of commenda- tions to Mr. Ray Foster and Mr. Po -Ming Huang, and to Mr. Stu Van Horn of Mt. San Antonio College the NATIONAL COMMUNITY COLLEGE MONTH (February) proclamation. CLOSED SESSION Upon advice of City Attorney Hanna, Mayor Pro Tem McFadden recessed the City Council to conduct a closed session at 7:44 pm, per Government Code Section 54956.9(a) to confer and receive advice from the City Attorney regarding litigation entitled Nunez vs the City of West Covina. Council reconvened at 7:58 pm with Tarozzi still absent. • HEARING ADOPTION OF WATER CONSERVATION ORDINANCE On December 10, 1990 the City Council introduced the Water Conservation Ordinance to add Article VII - "Emergency Water Conservation Water Conservation Measures" to Chapter 23 of the Municipal Ordinance Code and set 1/28/91 as the date for the required public hearing prior to adoption. City Clerk Berry verified the affidavit of publication. Mayor Pro Tem McFadden opened the hearing and Public Works Division Manager Wolff presented the staff report. Mayor Pro Tem McFadden asked for comments regarding the adoption of the water conservation ordinance and the fol- Public_ Testimony lowing addressed Council: Katherine Castucci Katherine Castucci, 430 S. Pima Avenue Emma Fischbeck Emma Fischbeck, 1137 Auburn Drive Iris Delameter Iris Delameter, 1212 W. Eckerman Avenue Annette Lyford Annette Lyford, 3106 Los Cerrillos Drive Xavier Hermosillo Xavier Hermosillo, 1930 Shamwood Street There being no others wishing to address the Council, the Public -Testimony -closed public testimony portion of the hearing was closed. Staff responded to the public comments as well as the questions posed by Council. - 1 - • • CITY COUNCIL MINUTES 1/28/91 Page Two City Clerk presented: Ordinance 1868 - ORDINANCE NO. 1868 - AN ORDINANCE OF THE CITY COUNCIL Water Conservation OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE VII Measures (SECTIONS 23-320 THROUGH 23-331) TO CHAPTER 23 OF THE WEST COVINA MUNICIPAL CODE ADOPTING EMERGENCY WATER CONSERVATION MEASURES.. Motion by Herfert, seconded by Manners, and unani- mously carried to waive further reading of the ordinance. Motion by Herfert, seconded by Manners to adopt the ordi- nance. Motion carried by roll call vote: AYES: Herfert, Jennings, Manners, McFadden NOES: None ABSENT: Tarozzi HEARING UPDATED CONFLICT OF INTEREST CODE The proposed.Conflict of Interest Code for designated Conflict of Interest Code employees and commissioners would replace the current, outdated code in its entirety. City Clerk Berry verified that legal notice was given. Mayor Pro Tem McFadden opened the hearing and the staff report was presented by City Clerk Berry. Public_ Testimony Mayor Pro Tem McFadden asked for comments regarding the none proposed code and no one addressed the Council. The Public —Testimony —closed public testimony portion of the hearing was closed. Resolution 8622 - City Clerk Berry presented: adopting updated Con- RESOLUTION NO, 8622 - A RESOLUTION OF THE CITY flict of Interest Code COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AN UPDATED CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA PURSUANT TO GOVERNMENT CODE SECTION 87300 Motion by Tarozzi, seconded by Manners, and unani- mously carried to waive further reading of the resolution and to adopt. Mayor Pro Tem McFadden read a proclamation supporting the United States troops and allies fighting in the Persian Gulf war with Iraq. AGENDA AND ORAL COMMUNICATIONS Kay Zahrt, 2829 Farview Lane, explained that she was unable to move ahead with remodeling and enlargening her house Kay Zahrt because of the mansionization study period. Margaret Courtney, 529 S. Hollenbeck, Zahrt's architect, Margaret Courtney also spoke to the same issue. Ned Uncanin, 315 N. Bromley, noted he was having the same Ned Uncanin trouble. Mabel Tronsgard, 1334 W. Glenmere Street, complained that she had received a Letter to Comply from Code Enforcement and that she had no intentions of spending her funds to Mabel Tronsgard repair her vandalized window, etc. Iris Delameter, 1212 W. Eckerman, spoke:favorably':for.;.the home owners —making --modest increases to, the homes who.,are Iris Delameter caught in the mansionization study period. Upon conclusion of Agenda Communication and discussion by Council, staff was directed to bring an ordinance back to Council amending the mansionization ordinance, permitting modest modifications..This suggestion was acted.dpori by motion by Manners, seconded by Jennings, and unani mously carried to have it back on February 11's Agenda. - 2 - CITY COUNCIL MINUTES 1/28/91 Page Three • Iris Delameter - Iris Delameter, 1212 W. Eckerman, complained about the Council packets/reports cost and time lapse in obtaining copies of Agenda reports. This commenced Council discussion which led to City Attorney Hanna explaining that if Council wanted to discuss this further and take action, a motion was needed. Motion by Tarozzi, seconded by Herfert, and unani- mously carried to put this subj.ect matter on the Agenda for action tonight. Motion by Manners, seconded by Tarozzi, and unani- mously carried to have staff prepare ten extra agenda packets. RECESS Mayor Tarozzi called a recess at 10:00 pm. Council • reconvened at 10:15 pm with all members present. CLOSED SESSION Upon advice of City Attorney, Mayor Tarozzi recessed the City Council meeting at 10:15 pm to convene a joint closed session with the Redevelopment Agency to discuss litigation regarding real property owned by Marjorie Moody at 1842 E. Workman.(pursuant to Government Code Section 54956.8) and other litigation matter entited County of Los Angeles vs. the City of West Covina and the West Covina Redevelopment Agency (pursuant to Government Code Sections 54956.9(a). ; Council reconvened at 10:48 pm. CONSENT CALENDAR Written Communications (none received) Commission Summary of Actions (:receive and file) Planning Commission 1/23/91 Personnel Commission 1/9/91 Waste Mgt & Environ. Quality Comm. 1/17/91 • Recreation '& Parks Commission 1/22/91 ABC Application (Police Chief protest) Chao, Hao-Ching (5o. Pasadena) Liu, Shu-Ching (Alhambra) report no legal basis for dba MONGOLS BBQ RESTAURANT 138 N. Grand Avenue Temporary Use Permits (receive and file) TUP #1994-91 was issued to BNP Corporation, for a blessing ceremony on 1/8/91. 3106 E. Garvey,J TUP #1995-91 was issued to Southland Motors, 2010 E. Garvey l for balloons on 1/12 to 1/13. TUP #1996-91 was issued to Hassen West Covina Village, 447 N. Azusa, for siewalk sale on 1/19 to 1/20. TUP #1997-91 was issued to Southland Motors, 2010 E. Garvey l for balloons on 1/19 to 1/20. ims for Action (deny and notify claimant) On December 13, 1990 a claim for personal injuries amount to $1,000 was received from Martha Orona Mora. On December 31, 1990 a claim for personal injuries was received from Ae Soon Bang. MW CITY COUNCIL MINUTES 1/28/91 Page Four; Traffic Committee Minutes (accept and file) Regular meeting of January 25, 1991. Miscellaneous Public Works: a) TRACT 46781 - REQUEST FOR BOND REDUCTION Location: Northwest corner of Azusa and Mobeck Staff recommends granting bond reduction for Lewis Homes Management Corporation from the amount of $375,079 to $46,510. b) MISCELLANEOUS TRANSFER DRAINS 834 AND 829 - DEVELOPERS:INSURANCECCOMPANY Resolution 8623 - • Recommendation is to adopt the following: RESOLUTION NO. 8623 - A RESOLUTION OF THE CITY MTD #829 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFOR NIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN (MTD) #829 IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CON- VEYANCE THEREOF Resolution'_8624 - RESOLUTION NO 8624 - A RESOLUTION OF THE CITY MTD #834 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN.AS MISCELLANEOUS TRANSFER DRAIN (MTD) #834 IN THE CITY OF WEST COVINA FOR FUTURE OPERATION;: MAIN- TENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE • TRANSFER AND CONVEYANCE THEREOF Resolution 8625 - RESOLUTION..NO. 8625 - A RESOLUTION OF THE CITY easement quitclaim COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, 06 AUTHORIZING.THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM OF EASEMENT IN FAVOR OF LOS ANGELES COUNTY FLOOD CONTROL DISTRICT c) LOT LINE ADJUSTMENT NO. 84 SOUTH HILLS HOMES PARTNERSHIP Location: Between Citrus and Azusa, southerly of Aroms Resolution 8626 - Recommendation is to adopt: Lot Line Adjustment No. 84 RESOLUTION NO. 8626 - A RESOLUTION OF THE CITY COUNCIL^OF-'THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 84 AND DIRECTING THE RECORDATION THEREOF (South Hills Homes Partnership) Ordinances for Ado tion p (waive reading and adopt) Ordinance 1869 - ORDINANCE:NO. 1869 - AN ORDINANCE OF THE CITY COUNCIL OF Zone Change No. 635 THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 635 - W.F. Biewers) - 4 - CITY COUNCIL MINUTES 1/28/91 Page Five 4 Ordinance 1870 - ORDINANCE NO. 1870 - AN ORDINANCE OF THE CITY COUNCIL OF Amendment No. 236 THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST (banners) COVINA MUNICIPAL CODE, CHAPTER 26, TO PERMIT BANNERS WHICH FEATURE COMMUNITY EVENTS SPONSORED WHOLLY OR IN PART BY THE CITY AND, WHICH ARE APPROVED BY THE CITY OF WEST COVINA, WITHIN THE PUBLIC RIGHT-OF-WAY (Amendment No. 236) City Treasurer's Report (receive and file) Report for the month of December, 1990. Award of Bid - SS 87133 - Azusa Avenue Sewer Lift Station SS 87133 - Recommendation is to a) reject the bid of F.T. Ziebarth Vido Samarzich Inc. Company,.Fullerton, b) appropriate $130,000 from Sewer • Maintenance Fund to SS 87133 (189-320-3741-7300), and c) accept the proposal of Vido Samarzich, Inc., Arcadia, in the amount of $195,000 as submitted at the bid opening of 1/21/91 and authorize the Mayor and City Clerk to execute the contract. Miscellaneous.• Reclassification of Administrative Analyst Position from Confidential/Exempt to Management Recommendation is to adopt the following: Resolution 8627 - RESOLUTION NO. 8627 - A RESOLUTION OF THE CITY COUNCIL Administrative Analysts OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5878 REMOVING THE ADMINISTRATIVE AND PERSONNEL ANALYST I AND II POSITIONS FROM THE CONFIDENTIAL/EXEMPT CLASSIFI- CATION AND AMENDING RESOLUTION NO. 6482 TO RECLASSIFY THE ADMINISTRATIVE AND PERSONNEL ANALYST I AND II POSITIONS AS MANAGEMENT CONSENT CALENDAR ACTION Councilmember Herfert requested the first two items of • the Traffic Committee Minutes to beheld over for further information (6I and 6II). Motion by McFadden, seconded by Jennings to waive reading of the resolutions and ordinances and adopt, and to approve all other items, except 6I and 6II. Motion carried by roll call(vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None PUBLIC WORKS DIVISION 1) SP 91118 - APPROVE PLANS AND SPECIFICATIONS - WOODGATE DRIVE STREET CLOSURE Council I reviewed the staff report. SP 91118 - plans & specs..approved Motion by Jennings, seconded by Herfert, and unanimously carried to approve plans and specs for '.SP 91118 and authorize the City Engineer to call for bids. 2) CALIFORNIA AVENUE - REVISED ALIGNMENT Revised alignment for Councillreviewed the staff report. California Avenue Motion by Herfert, seconded by McFadden, and unanimously carried to adopt the precise alignment of CallIIfornia Avenue established by Bryan A. Stirrat and Associates.to facilitate the West Covina Fashion Plaza expansion. - 5 - I CITY COUNCIL MINUTES i I 1/28/91 Page Six • COMMUNITY SERVICES DIVISION OFFICE OF COMMUNITY SERVICES 1) INTEGRATED WASTE MANAGEMENT PROGRAM FUNDING Council reviewed the staff report. City Clerk presented: Resolution 8628 - RESOLUTION NO. 8628 - A RESOLUTION OF THE CITY Integrated Waste Management COUNCIL OF THE CITY OF WEST COVINA PROVIDING FOR THE Program funding FUNDING OF ITS REQUIRED INTEGRATED WASTE MANAGEMENT PROGRAM FOR FISCAL YEAR 1990/1991 Motion by McFadden, seconded by Herfert,to waive further reading of the resolution and adopt. Motion carried with Tarozzi voting no. Motion included approving the Annual Integrated Waste Manage- ment Program Funding Agreement. • HUMAN SERVICES DEPARTMENT 1) VETERANS' MEMORIAL Council reviewed the staff report. Motion by Herfert, seconded by Manners, and unanimously carried to seek input from veterans' groups for further study. OERATIONAL SERVICES DIVISION No items scheduled for this meeting. PUBLIC SAFETY DIVISION POLICE'DEPARTMENT 1) DESTRUCTION OF OBSOLETE RECORDS Council reviewed the staff report. Motion by Herfert, seconded by McFadden, and unanimously carried to receive and file the report. • 2) MOBILE TERMINAL/VEHICLE LOCATOR PROJECT Council reviewed the staff report. MDT/VLS project - Motion by Jennings, seconded by Herfert, and $58,023 appropriated unanimously carried to appropriate $58,023 from Drug Enforcement Rebate monies for completion of the previously authorized consulting services on the MDT/VLS project. 3) ANNUAL REPORT Council reviewed the staff report. Councilmember Annual Report Herfert inquired of the Chief about the possibility of a coordinating council of local organizations and neighborhood representatives to help combat gang activities, etc. He suggested reopening school grounds after school to help keep kids off the streets. Further, writing to legislators about laws that hamper Police activities in apprehending gang bangers would be another avenue to take. Motion by Herfert, seconded by Jennings, and unanimously carried to place these and other related items on the next Council agenda for discussion and action. Motion by Herfert, seconded by McFadden, and unanimously carried to receive and file the infor- mational report. - 6 - CITY COUNCIL MINUTES 1/28/91 Page Seven • FIRE DEPARTMENT 1) WEED AND RUBBISH ABATEMENT CONTRACT EXTENSION Council reviewed the staff report. Weed Abatement contract Motion by Manners, seconded by Herfert, and extensions for 1991 unanimously carried to approve an extension of the 1990 contracts for one year and authorize the Mayor and City Clerk to execute the contracts (one with Pepe and the other with Gardner). REDEVELOPMENT AGENCY MEETING Mayor Tarozzi.recessed the City Council meeting at 11:24 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 11:27 pm with all members present. • CITY MANAGER No items scheduled for this meeting. APPROVAL OF DEMANDS Motion by McFadden, seconded by Manners to approve Demands totaling $1,817,037.93 as listed on check registers FI 121721 - 122057. Motion carried by roll call vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None ABSTAIN: Herfert re Southern California Edison bill ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) EXPIRATION OF COMMISSIONERS' TERMS - PROCEDURE FOR APPOINTMENT Motion by Herfert, seconded by Manners, and unanimousl} carried to direct, -.staff to initiate the appointment process. • COUNCILMEMBERS' REPORTS 1) PARK RENAMING Council reviewed the staff report. Motion by Herfert, seconded by Manners, and Park Renaming unanimously carried to rename one of the community centers (such as Palmview center) and refer the matter to the Recreation and Parks Commission for recommendation. Jennings Councilmember Jennings requested the City Manager ordinance be reviewed, especially the sections regarding selection of a new City Manager, as it appears to be quite outdated. Councilmember Manners concurred with his statements and suggested it be placed on Council agenda for discussion. Herfert Councilmember Herfert commenced a short discussion on individual support for the troops fighting in the Persian Gulf. McFadden Mayor Pro Tem McFadden requeste&ostatus report from staff regarding rail hauling and AB 939. Manners Councilmember Manners requested the matter of vandalized residential windows be again placed on the Agenda for Council discussion. - 7 - CITY COUNCIL MINUTES 0 ADJOURNMENT ATTEST: City Clerk Janet Berry • 1/28/91 Page Eight Councilmember Jennings reported on a recent Tribune article which stated that County funding to the Mid -Valley Mental Health Clinic would 'cease in the near future. Staff to look into and report back to Council.and Mayor to send letter to the Board of Supervisors. Motion by Herfert, seconded by Manners, and unanimously carried to adjourn the meeting at 11:55 pm. Mayor Bill Tarozzi N